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  1. #1
    Join Date
    Sep 2016

    Default Employer Took Injured Worker Off of the Schedule After Notice of Work Restrictions

    My question involves workers compensation law for the state of: California
    Work mans comp. doctor gave me a note for my employer that said word for word "Light non-repetitive work for both left and right hand for up to two hours." I gave the note to my employer who then exasperatedly asked me what I could do. She then went on to take me off the schedule for the week until my next appointment saying her "hands were tied." I am to see her after my next appointment but I am unsure if I am still off the schedule. I was told that she is not allowed to do that, it is illegal, and that she is to make a position for me to stay on the schedule. I have carpal tunnel in both hands. Any links or references would be much appreciated.
    I was also told by a supervisor before I filed that I was not allowed to call in because of my wrists.

  2. #2
    Join Date
    Jun 2006

    Default Re: Taken Off Schedule

    You were told incorrectly. There are no circumstances whatsoever under which an employer is required by law to make up a position to suit your restrictions. If she doesn't have any available work within your restrictions, nothing in any law, including workers comp laws or the ADA, is going to require her to make something up for you to do or to bump someone else out of their job for you. Not even in California.

  3. #3
    Join Date
    Sep 2016

    Default Re: Taken Off Schedule

    Thank you for the reply.Upon further extended research I have found the same thing. I was never suggesting that she bump someone out of the way specifically for me. They have less than 50 employees of staff. I figured I would ask here as well as look all this up.

  4. #4
    Join Date
    Sep 2011

    Default Re: Taken Off Schedule

    since the employer has no light work available, you are entitled to temporary total disability until you are released by the doctor.
    california has a 3 day waiting period. it'll take approximately 2 week for the first check from the time you notify the carrier.
    if you have not already done so, file a claim form here
    information on temporary disability is in fact sheet C

  5. #5
    Join Date
    Jan 2015

    Default Re: Taken Off Schedule

    Yes, you're going to be paid for time you have to be off due to this injury if they have no work suitable for you with your restrictions. What would be illegal for them to do is fire you because you can't work due to the restrictions.

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